Constitutional Law Reviewer Article IX - CONSTITUTIONAL COMMISSIONS

A. COMMON PROVISIONS Section 1. The Constitutional Commissions, which shall be independent, are the Civil Service Commission, the Commission on Elections, and the Commission on Audit. Key Functions of the Constitutional Commission 1. Civil Service government. Commission personnel office of

The prohibition of active management of a business does not prohibit a Commissioner from owning a business but it prohibits him from being a managing officer or a member of the governing board of a business which in any way may be affected by the functions of his office. Subsidiaries corporations formed by mother corporations through the general corporation law (not by special law) Section. 3. The salary of the Chairman and the Commissioners shall be fixed by law and shall not be decreased during their tenure. Section 4. The Constitutional Commissions shall appoint their officials and employees in accordance with law. Appointing Power

2. Commission on Audit the auditing office of the government. 3. Commission on Election charged with the administration of all important electoral process. Reason for making them independent constitutional bodies

in order to protect their integrity.

Section 2. No member of a Constitutional Commission shall, during his tenure, hold any other office or employment. Neither shall he engage in the practice of any profession or in the active management or control of any business which, in any way, may be affected by the functions of his office, nor shall he be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the Government, any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations or their subsidiaries. practice of a profession, at least for the purpose of the prohibition, does not include teaching.

The Constitutional Commissions are offices specifically authorized by the Constitution to appoint their officials subject to Civil Service Law and Rules.

Section 5. The Commission shall enjoy fiscal autonomy. Their approved annual appropriations shall be automatically and regularly released. Automatic release of funds The obligation of the Budget Department to automatically release amounts appropriated for offices with fiscal autonomy means that the DBM may not retain a portion of the amount nor may it program release. The no report, no release policy of the Commission on Audit may not be validly enforced against offices vested with fiscal autonomy, for whom according to the Constitution, appropriations must be automatically released.

Ex. A lawyer who teaches law does not violate the prohibition.

Constitutional Law Reviewer Article IX - CONSTITUTIONAL COMMISSIONS

Section 6. Each Commission en banc may promulgate its own rules concerning pleadings and practice before it or before any of its offices. Such rules, however, shall not diminish, increase, or modify substantive rights. Independence of the Commissions is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the rules of the Commission or by the Commission itself. Unless otherwise provided by this Constitution or by law, any decision, order, or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from receipt of a copy thereof. Decisions of the Commissions Since the Commissions are collegial bodies, the decisions are made by the body and not by individual members. No individual member may make a decision for the Commission. Much less may cases be decided by subordinates of the Commission. Not even the Commissions legal counsel may make a decision for the Commission. In the COMELEC, there is a full Commission to form en banc if there are 4 Commissioners left. It should be the majority vote of all its members and not only of those who participated and took part in the deliberations. There is no decision promulgated. until the draft is signed and

Section 2 prohibits against engaging in activities which can distract from their responsibilities or subject them to pressures and temptations. Section 3 protects their salary from diminution during their continuance in office. Section 4 gives them independent appointment but in accordance with law. powers of

Section 5 gives them fiscal autonomy, that is, their approved annual appropriations shall be automatically and regularly released and shall not be subject to preaudit. Section 6 gives them authority, sitting en banc, to promulgate rules of procedure.

In case of conflict between a rule of procedure promulgated by a Commission and a Rule of Court, the former shall prevail if the proceeding is before a Commission; but if the proceeding is before a court, the latter shall prevail. The Supreme Court has no power to disapprove Commission rules except through the exercise of power of judicial review when such Commission rules violate the Constitution. These rules shall not Diminish, Increase, or Modify substantive rights.

If a decision is not reached within the reglamentary period, such failure does not affect the merits of the case. The case must still be decided at the earliest possible time.

Commissioners are, given a fixed removable only by impeachment.

term

and

are

Review of decisions

Section 7. Each Commission shall decide by a majority vote of all its Members, any case or matter brought before it within sixty days from the date of its submission for decision or resolution. A case or matter

Decisions of the Commissions may be brought to the Supreme Court on certiorari.

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Certiorari referred to is that under Rule 65 which requires that a petitioner must first file a motion for reconsideration, a case may be brought to the Supreme Court only after reconsideration. In the case of the COMELEC, the prerequisite reconsideration is by the COMELEC en banc, since Art. IX, C, 3 says that motions for reconsideration of decisions shall be decided en banc. The certiorari jurisdiction of the SC is limited to decisions rendered in actions or proceedings taken cognizance of by the Commissions in the exercise of their adjudicatory or quasijudicial powers. Section 8. Each Commission shall perform such other functions as may be provided by law. B. THE CIVIL SERVICE COMMISSION 4. Must not have been candidates for any elective position in the elections immediately preceding their appointment. (effectively excludes political lame ducks and repeats the general rule found in Sec. 6) (2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, the Chairman shall hold office for seven years, a Commissioner for five years, and another Commissioner for three years, without reappointment. (357 Rotational Scheme)Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity. (otherwise it will terminate the rotational scheme) Purpose and History of the System The origin of the term civil service dates back to 1854 when Sir Charles Trevelyan borrowed it from the British administration in India and applied it to English conditions. In a very broad sense it included simply the professional body of officials employed by the state in non-military and non-judicial services. The 1987 Constitution continues the search for the perfect Civil Service system. The general objective of a civil service system is to establish and promote professionalism and efficiency in public service. This too is the object of the Civil Service system under the Constitution. The term of Commissioners is set at 7 years and they may not be reappointed even if the Commissioner has served for less than 7 years. The intent in staggering the terms of the first appointees (Chairman 7 years, Commissioner 5 years and another Commissioner 3 years) is to achieve continuity by not allowing the term of all Commissioners to expire all at one time.

Section 1. (1) The civil service shall be administered by the Civil Service Commission composed of a Chairman and two Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, with proven capacity for public administration, and must not have been candidates for any elective position in the elections immediately preceding their appointment. Outline of Section 1 (1) - The Chairman and the Commissioners must be: 1. Natural-born citizens of the Philippines; 2. At the time of their appointment, at least 35; 3. With proven capacity for public administration; and

Constitutional Law Reviewer Article IX - CONSTITUTIONAL COMMISSIONS

Q: What is the reason behind the new rule that in no case shall any Member be appointed or designated in a temporary or acting capacity? (Identical provision repeated for all 3 Constitutional Commissions) A: In order to effect the desire to plug ways of avoiding the 7 year maximum term. Under this rule, should there be a vacancy in the office of the Chairman, the vacancy may not be filled by the President by designating one of the Commissioners a temporary Chairman. The Commission itself must choose the temporary Chairman. Section 2. (1) The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters (GOCC). Economic Intelligence and Investigation Bureau vs. CA: The EIIB of the Department of Finance contended that it was exempt from the scope of the Civil Service because of the primarily confidential nature of its operation. The Court rejected the claim stating that the status of being primarily confidential merely exempts an office from the rules on appointment but not from other rules. Hence, the Court ordered the EIIB to make available to the Ombudsman documents relating to personal services and salary vouchers of EIIB employees. (2) Appointments in the civil service shall be made only according to merit and fitness to be determined, as far as practicable, and, except to positions which are policydetermining, primarily confidential, or highly technical, by competitive examination. (exception) Classification and appointments 1. Competitive positions. The competitive positions must be made according to merit and fitness as determined, as far as practicable, by competitive examinations. 2. Non- competitive positions The non-competitive positions are those which by their nature are:

1. 2. 3.

The 1987 Constitution has modified the rule. The civil Service now covers not all government-owned or controlled corporations but only those with original charters, that is, those corporations which have been created by special law and not through the general corporation law. The moment, however, that a corporation ceases to be government controlled, for instance, if it is privatized, it ceases to fall under the Civil Service. The test for determining whether officers and employees of a government owned corporation comes under the Civil Service System is the manner of creation of the corporation to which they belong.

Policy determining position one charged with the duty to formulate a method of action for the government or any of its subdivisions. Highly technical position if the occupant is required to possess a technical skill or training in the supreme or superior degree. Primarily confidential position denotes not only confidence in the aptitude of the appointee for the duties of the office but primarily close intimacy which insures freedom of intercourse without embarrassment or freedom from misgivings or betrayals of personal trust on confidential matters of state.

> The initial classification of the office may be made by the authority creating the office. Ultimately, however, whether a position is policy determining, primarily confidential or highly technical is a judicial question. The Court shall determine if the appointment has complied with law and that the appointee is qualified (Rule of Civil Service)

Constitutional Law Reviewer Article IX - CONSTITUTIONAL COMMISSIONS

> Primary purpose of the classification into PD, HT, PC positions to exempt these categories from competitive examination as a means for determining merit and fitness but rather by other modes which may be prescribed by law. (Ex: the law may prescribe a certain level of academic degree as a requirement for fitness.) Characterization Service of Career Service and Non-Career

However, it is a different matter, when, after having extended an appointment that is immediately accepted, the appointing authority withdraws the same and extends it to someone else. The Civil Service is within its authority when it orders the reinstatement of the first appointee. The withdrawal of an appointment already accepted would be tantamount to removal and would violate security of tenure.

Career Service shall be characterized by: 1. Entrance based on merit and fitness to be determined as far as practicable by competitive examinations, or based on highly technical qualifications; 2. Opportunity for advancement to higher career positions; 3. Security of tenure. Non-Career Service shall be characterized by: 1. Entrance on bases other than those of the usual tests of merit and fitness utilized for the career service; 2. Tenure which is limited to a period specified by law, or which is coterminous with that of the appointing authority or subject to his pleasure, or which is limited to the duration of a particular project for which purpose employment was made. Role of the Civil Service Commission in appointments.

A next-in-rank rule might be prescribed by law, but such rule cannot be read to compel the appointing authority to appoint the person next in rank if others, even lower in rank, are qualified for the post. The appointing authority is not bound to adhere strictly to such rule because the legislature may not impair the free choice of the appointing power. (3) No officer or employee of the civil service shall be removed or suspended except for cause provided by law. (Security of tenure) Basic in a healthy civil service system is a guarantee of security of tenure, a guarantee against arbitrary impairment, whether total or partial, of the right to continue in the position held. Suspension or dismissal can be made only for cause provided by law. (Provided by law and not as may be provided by law which means the law must already be in existence when the act of the person is being subjected to disciplinary action was committed.) Dismissal here includes demotion or transfer reduction of pay or rank. This is a guarantee of both: involving

The role of the Civil Service Commission in the appointing process is limited to the determination of the qualifications of the candidate for appointment. It plays no role in the choice of the person to be appointed. The Civil Service Commission may not revoke such appointment in order to place one who is better qualified. The most that the Commission can do is certify to the qualification of those being considered for appointment.

Procedural due process (would require that suspension or dismissal come only after notice and hearing.)

Constitutional Law Reviewer Article IX - CONSTITUTIONAL COMMISSIONS

and Substantive due process (would require that suspension or dismissal be (for cause. for reasons which the law and sound public policy recognize as sufficient warrant for removal, that is, legal cause, and not merely causes which the appointing power n the exercise of discretion may deem sufficient.) for cause means for reasons which the law and sound public policy recognize as sufficient warrant for removal, that is, legal cause, and not merely causes which the appointing power in the exercise of discretion may deem sufficient. Moreover, the cause must relate to affect the administration of the office, and must be restricted to something of a substantial nature directly affecting the rights and interests of the public. As discussed in De los Santos v. Mallare, the constitutional guarantee of security of tenure did not extend to positions which were PD, PC or HT, since the dismissal at pleasure of officers and employees appointed to such offices was allowed by the Constitution. Subsequent decisions, however, corrected this impression. Thus, Corpus v. Cuaderno in categorical language would say that the constitutional enumeration of PD, PC, and HT positions merely exempted such positions from the requirement of appointments through competitive examinations but not from the operation of the principle that no officer or employee in the Civil Service shall be suspended or dismissed except for cause provided by law. Therefore, PD, PC and HT positions do enjoy security of tenure since all of them are removable only for cause as provided by law. But, as with regards to the Primarily Confidential positions which is a special case, their term is deemed to be coterminous with the confidence. They continue only for so long as confidence in them endures. If on the ground of loss of confidence, cessation from office involves no (1) removal but the (2) expiration of the term of office. (2 different causes for the termination of official relations) The requirement of security of tenure may not be circumvented by resort to abolition of office. Security of tenure, however, is enjoyed only by those who possess a permanent appointment. The appointment of one who is not qualified can only be temporary. A person lacking the necessary qualifications who is given a temporary appointment does not automatically become a permanent appointee when he or she acquires the required qualification. He must receive a new commission, that is, a permanent appointment. (4) No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign. (The officer or employee cannot campaign for a person running for public office) Partisan political activity includes: 1. Every form of solicitation of the electors vote in favor of a specific candidate; 2. Contribution of money for election purposes; 3. Distribution of handbills. However, the provision does not prevent any officer or employee from expressing his views on current political problems or issues, or from mentioning the names of candidates for public office whom he supports. (5) The right to self-organization shall not be denied to government employees. The provision talks about the right to organizing, uniting as a union and not the right to strike, because the moment that the union will go on strike will be regarded as an illegal union.

(6) Temporary employees of the Government shall be given such protection as may be provided by law.

Constitutional Law Reviewer Article IX - CONSTITUTIONAL COMMISSIONS

In terms of personnel, the system includes both officers and employees. The distinction between these two types of government personnel is expressed by Section 2 of the Old Revised Administrative Code (1917) 2. Under the Labor Code, the liabilities for wages are joint and solidary with the contractor. 3. The employer which includes any person acting directly or indirectly in the interest of an employer in relation to employees must comply with the Labor Code. Section 3. The Civil Service Commission, as the central personnel agency of the Government, shall establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service. It shall strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks, and institutionalize a management climate conducive to public accountability. It shall submit to the President and the Congress an annual report on its personnel programs. The Civil Sevice Commission can only perform and be given powers proper to an administrative agency. It can perform executive powers, quasi-judicial powers, and quasi-legislative or rule-making powers. Section 4. All public officers and employees shall take an oath or affirmation to uphold and defend this Constitution. This provision is meant to cover all civilian public officers, whether elective or appointive. Section 5. The Congress shall provide for the standardization of compensation of government officials and employees, including those in government-owned or controlled corporations with original charters, taking into account the nature of the responsibilities pertaining to, and the qualifications required for, their positions. Section 6. No candidate who has lost in any election shall, within one year after such election, be appointed

Employee persons in the public service, includes any person in the service of the Government or any branch thereof of whatever grade or class. Officer as distinguished from clerk or employee, refers to those officials whose duties, not being of a clerical or manual nature, may be considered to involve in the exercise of discretion in the performance of the functions of the government, whether such duties are precisely defined by law or not. A person having authority to do a particular act or perform a particular function in the exercise of governmental power, shall include any Government employee, agent, or body having authority to do the act or exercise the function in question.

It is in this sense that the terms officers and employees are used in the Constitution, and it is this sense which should also be applied, mutatis mutandis (by changing those things which need to be changed), to officers and employees of governmentowned or controlled corporations with original charter. It should be noted however, that entities under the civil service system are not completely beyond the reach of the Department of Labor or labor laws. When a government entity that is under the Civil Service enters into a contract (ex: security or janitorial agency)

1.

It becomes an indirect employer of the security guards or the janitors.

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to any office in the Government or any Governmentowned or controlled corporations or in any of their subsidiaries. (Political Lame Ducks) Section 7. No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure. Unless otherwise allowed by law or by the primary functions of his position,(exemption to the rule) no appointive official shall hold any other office or employment in the Government or any subdivision, agency or instrumentality thereof, including Government-owned or controlled corporations or their subsidiaries. (General rule) (Sec. 6 and 7 is intended to help eradicate the spoils system) Section 8. No elective or appointive public officer or employee shall receive additional, double, or indirect compensation, unless specifically authorized by law, nor accept without the consent of the Congress, any present, emolument, office, or title of any kind from any foreign government. (Take note) Double compensation refers to two sets of compensations for two different offices held concurrently by one officer. Pensions or gratuities shall not be considered additional, double, or indirect compensation. as

C. THE COMMISSION ON ELECTIONS

Section 1. (1) There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective positions in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years. (2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, three Members shall hold office for seven years, two Members for five years, and the last Members for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity. Brillantes, Jr. vs Yorac - The prohibition of temporary appointments or appointments in an acting capacity. Pres. Aquino appointed Commissioner Yorac as Acting Chairman to which the Sol. Gen. argued that said designation was justified by administrative expediency. However, emphasizing the importance of the Commissions constitutionally guaranteed

Any person holding an office of profit or trust in the government of the Philippines who, without the consent of the Congress accepts any present, emolument, office or title from a foreign state, except however, honors or Titles of a Religious, Academic, or Scientific nature, shall upon conviction be punished with imprisonment, not to exceed 1 year, and disqualification to hold any public office for a period of not less than 3 years nor more than 10 years.

Additional compensation when for one and the same office for which a compensation has been fixed there is added to such fixed compensation an extra reward in the form, for instance, of a bonus.

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independence, the Court said that the choice of temporary Chairman is an internal matter which comes under the discretion of the Commission as a body and that said discretion cannot be exercised for the Commission by anybody else. Sec. 2. The Commission on Elections shall exercise the following powers and functions: (1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall. (2) Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction (RTC), or involving elective barangay officials decided by trial courts of limited jurisdiction. (MTC) (Important) Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final, executory, and not appealable. (Certiorari due to grave abuse of discretion regarding jurisdiction) (3) Decide, except those involving the right to vote (to be determined by the Court), all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters. Powers not given: 1. Decide on cases involving the right to vote. [Sec. 2 (3)] 2. Decide cases involving inclusion or exclusion of voters. [Sec. 2 (6)] 3. Transfer municipalities from one congressional district to another for the purpose of preserving proportionality. (4) Deputize, with the concurrence of the President, (Why? President being the Commander in Chief) law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections. (5) Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizens' arms of the Commission on Elections. Religious denominations and sects shall not be registered. Those which seek to achieve their goals through violence or unlawful

JURISDICTION OF COMELEC BEFORE PROCLAMATION (PRE-PROCLAMATION CONTROVERSIES) Administrative or quasijudicial. Governed by less stringent requirements of administrative due process.

JURISDICTION OF COMELEC AFTER PROCLAMATION (CONTEST) Judicial Governed by the requirements of judicial due process.

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means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreign government shall likewise be refused registration. A political party or organization acquires juridical personality by registration. Exemptions to Registration: to enable the Commission to insure free, orderly and honest elections.

A complainant, who in effect accuses another person of having committed an act constituting an election offense, has the burden, as it is his responsibility, to follow through his accusation and prove his complaint. (7) Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies. (8) Recommend to the President the removal of any officer or employee it has deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience to, its directive, order, or decision. (9) Submit to the President and the Congress, a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall.

1.

Religious denominations and sects; 2. Those which seek to achieve their goals through violence or unlawful means; 3. Those who refuse to uphold and adhere to this Constitution; 4. Those which are supported by any foreign government (or its agencies). Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections, constitute interference in national affairs, and, when accepted, shall be an additional ground for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law. (6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices. (Courts determine inclusions and exclusions of voters)

Sections 2(7), (8) and (9) enumerate some specific recommendatory powers of the COMELEC. Nature and powers of the Commission Like the Civil Service Commission, the Commission on Elections is an administrative agency. Powers of the COMELEC 1. Executive power; 2. Quasi-judicial power; 3. Quasi-legislative power.

The COMELEC is authorized to investigate and prosecute violations of election laws, (acts upon any election offense complaint) which is evidently intended

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By exception, however, it has been given judicial power as sole judge of all contests relating to the elections, returns, and qualifications of all elective local officials. (Important) COMELEC is only given limited judicial power. Thus, although there may be authorities in other jurisdictions which maintain that the authority to issue writs of certiorari, mandamus, and prohibition is inherent in the power of appellate courts, it must be remembered that the COMELEC is not a court but an administrative agency. However, later decisions have acknowledged that the Commission has limited powers to issue writs of certiorari, prohibition, and mandamus in connection with its appellate jurisdiction. (Relampagos v Cumba) including any government-owned or controlled corporation or its subsidiary. Such supervision or regulation shall aim to ensure equal opportunity, and equal rates therefor, for public information campaigns and forums among candidates in connection with the objective of holding free, orderly, honest, peaceful, and credible elections. Print media may not be compelled to allocate free space to the Commission. Such would amount to a prohibited taking of property without just compensation (Philippine Press Institute vs. COMELEC). Section 5. No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations shall be granted by the President without the favorable recommendation of the Commission. (BAR) Section 6. A free and open party system shall be allowed to evolve according to the free choice of the people, subject to the provisions of this Article. Section 7. No votes cast in favor of a political party, organization, or coalition shall be valid, except for those registered under the party-list system as provided in this Constitution. Section 8. Political parties, or organizations or coalitions registered under the party-list system, shall not be represented in the voters' registration boards, boards of election inspectors, boards of canvassers, or other similar bodies. However, they shall be entitled to appoint poll watchers in accordance with law. (Take note) Section 9. Unless otherwise fixed by the Commission in special cases, the election period shall commence ninety days before the day of election and shall end thirty days thereafter. (total of 120 days)

If there exists conflict between the Rules of Procedure of the COMELEC and Rules of Court, If in COMELEC, Rules of Procedure prevails and vice versa.

Section 3. The Commission on Elections may sit en banc or in two divisions, (by majority vote) and shall promulgate its rules of procedure in order to expedite disposition of election cases, including preproclamation controversies. All such election cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be decided by the Commission en banc. Decision a resolution of substantive issues. Reconsideration of a dismissal based on lack of interest may be heard in division.

Section 4. The Commission may, during the election period, supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication or information, all grants, special privileges, or concessions granted by the Government or any subdivision, agency, or instrumentality thereof,

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Election Period period of time needed for administering an election. (can go beyond the date for the casting of ballots) Campaign Period period of active solicitation of votes. (may be set for a period less than the election period) Section 10. Bona fide candidates for any public office shall be free from any form of harassment and discrimination. (equal protection clause) Section 11. Funds certified by the Commission as necessary to defray the expenses for holding regular and special elections, plebiscites, initiatives, referenda, and recalls, shall be provided in the regular or special appropriations and, once approved, shall be released automatically upon certification by the Chairman of the Commission. Section 1. (1) There shall be a Commission on Audit composed of a Chairman and two Commissioners, who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, Certified Public Accountants with not less than ten years of auditing experience, or members of the Philippine Bar who have been engaged in the practice of law for at least ten years, and must not have been candidates for any elective position in the elections immediately preceding their appointment. At no time shall all Members of the Commission belong to the same profession. (2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, the Chairman shall hold office for seven years, one Commissioner for five years, and the other Commissioner for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity. Section 2. (1) The Commission on Audit shall have the power, authority, and duty to examine, audit, and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property, owned or held in trust by, or pertaining to, the Government, or any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations with original charters, and on a post- audit basis: (a) constitutional bodies, commissions and offices that have been granted fiscal autonomy under this Constitution; (b) autonomous state colleges and universities; (c) other government-owned or controlled corporations and

D. THE COMMISSION ON AUDIT

Purpose of COA to examine, audit and settle

accounts. The power of the Commission on Audit to settle government accounts has reference only to liquidated claims and not to unliquidated claims. Therefore its purpose is to settle accounts and not claims. Account something which may be adjusted and liquidated by an arithmetical process. Claims for unliquidated damages require for their settlement the application of the qualities of judgment and discretion. Generally sustained by extraneous proof having no relation to the subjects of the contracts, which are common to both parties.

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their subsidiaries; and (d) such non-governmental entities receiving subsidy or equity, directly or indirectly, from or through the Government, which are required by law or the granting institution to submit to such audit as a condition of subsidy or equity. (Take note) However, where the internal control system of the audited agencies is inadequate, the Commission may adopt such measures, including temporary or special pre-audit, as are necessary and appropriate to correct the deficiencies. It shall keep the general accounts of the Government and, for such period as may be provided by law, preserve the vouchers and other supporting papers pertaining thereto. (2) The Commission shall have exclusive authority, subject to the limitations in this Article, to define the scope of its audit and examination, establish the techniques and methods required therefor, and promulgate accounting and auditing rules and regulations, including those for the prevention and disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures or uses of government funds and properties. Powers and Functions 1. To examine and audit all forms of government revenues 2. To examine and audit all forms of government expenditures 3. To settle government accounts 4. To define the scope and techniques for its own auditing procedures 5. To promulgate accounting and auditing rules including those for the prevention and disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures 6. To decide administrative cases involving expenditure of public funds. The case of Development Bank of the Philippines vs. COA settled the issue of whether the COA has exclusive authority to audit government banks. The controversy arose from DBOs hiring of private auditors. COA contended that its power to audit was exclusive. The Court ruled that the auditing power of the COA was non-exclusive, citing the reason given by the 1986 Constitutional Commission that it did not want the provision to be an unnecessary obstacle to privatization of these companies or attraction of investments. The Court nevertheless also affirmed that the COAs findings and conclusions necessarily prevail over those of private auditors, at least insofar as government agencies and officials are concerned. Section 3. No law shall be passed exempting any entity of the Government or its subsidiaries in any guise whatever, or any investment of public funds, from the jurisdiction of the Commission on Audit. Section 4. The Commission shall submit to the President and the Congress, within the time fixed by law, an annual report covering the financial condition and operation of the Government, its subdivisions, agencies, and instrumentalities, including government-owned or controlled corporations, and non-governmental entities subject to its audit, and recommend measures necessary to improve their effectiveness and efficiency. It shall submit such other reports as may be required by law.

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